Friday 6 October 2023

"Do you have a will?"

I was asked this question yesterday. The subject of wills also came up the day before. This morning there is an article in the paper about the way some people need to update their wills.

I know people who have wills that need updating. Their circumstances have changed. They have married and not updated their wills. They have moved house. They now have superannuation and more.

Let me start at the beginning however. The person who asked me the question was contemplating writing a will. He married several years ago. There is now a child on the way. To not have a will is irresponsible. He was under the impression that his partner would simply get everything. No, she might not. Once a child is born then that child (or children) need to be provided for. His superannuation needs to be taken into consideration and there are special provisions which apply to that. It doesn't automatically get included in the estate or go to his partner. 

"And if you move house then you need to update your will to show that," I told him. I was prompted to say that because my friend W... had mentioned someone had not done that when he and his partner moved. The house is mentioned in the will and it has to be referred to by the correct address, not the old address. Yes, it might be possible to sort it out later but it would take weeks to do and involve lawyers and the probate court and unnecessary expenditure.

And yes, you need to update your will from time to time. People get married and that invalidates a will. People get divorced but that does not necessarily invalidate a will. (It needs to be stated in the will.) Other family members may need more or less assistance than what is written into a will and have a valid claim. People may not own property or a business at first but they may later. All sorts of issues can apply to the way in which those things will need to be handled. 

Yes, I have a will. I have also dealt with the superannuation issue. I have also arranged to update it in the near future when something else occurs. I am fortunate in that I can write my own because my plans are very simple. I would not attempt to write a complex will. They require specialist attention. 

When the next inevitable question came ("Why did you bother to do it?") the answer was simple, "Because I want the people I have chosen to benefit, not the lawyers or the government." Is that a good enough reason to write a valid and up to date will?

 

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